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Bombay High CourtWP/1622/2022disposed off

Pallavi Ramanlal Sonawane v. The State Of Maharashtra And Another

2023-02-08Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) crwp1622.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 67 CRIMINAL WRIT PETITION NO.1622 OF 2022 PALLAVI RAMANLAL SONAWANE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr.A.B. Dhongade, Advocate for the petitioner. Mr.P.N. Kutti, APP for the respondent/State.

CORAM

:

KISHORE C. SANT, J.

DATED :

08.02.2023 PC :- 01.

This Court by order dated 11.01.2023 has observed that inspite of service on respondent No.2, no one appeared and the matter was adjourned to 25.01.2023. Again on 25.01.2023 no one appeared for the respondent No.2. It appears that respondent No.2 is not interested in contesting this petition. The learned Advocate for the petitioner submits that respondent No.2 lodged complaint bearing RCC No.890 of 2016. It is pending in the Court of learned JMFC, Aurangabad. He is challenging the order directing enquiry u/s

202. The learned Advocate for the petitioner submits that because of the impugned order dated 07.02.2018 by which the learned Magistrate has directed inquiry under section 202 of the Cr.P.C., he is being harassed. Police is frequently calling him for recording statement. 02.

From the order it is clear that the order is only directing the police authority to conduct an inquiry. No prejudice can be said to be caused to the petitioner, as till now no process is issued. It is trite that till the process

( 2 ) crwp1622.22 is issued, accused has no role in the proceeding. In that view of the matter, this Court finds that there is no merit in the petition. At the most this Court can expect that police may not take coercive action against the petitioner. 03.

The criminal writ petition stands disposed off. [KISHORE C. SANT, J.] snk/2023/FEB23/crwp1622.22